DUGGAN HILL PAVING ITB

INVITATION TO BID

FOR

CONSTRUCTION SERVICES

FOR THE

ASPHALT PAVING OF DUGGAN HILL DRIVE PROJECT

City of Clayton, Georgia

May 20, 2022

City of Clayton Asphalt Paving of Duggan Hill Drive Project Page 1 May 20, 2022

Cut along the outer border and affix this label to your sealed proposal envelope (bid envelope) to identify it as a “Sealed Proposal”. Be sure to include the name of the company submitting the proposal where requested. Bids will not be accepted without this affixed to the official submitted sealed bid.

Please cut out the label in the box below and affix to the bid envelope that contains your bid documents.

SEALED PROPOSAL • DO NOT OPEN

SEALED PROPOSAL NO: ITB 2022-03

PROPOSAL TITLE: CONSTRUCTION SERVICES FOR THE

ASPHALT PAVING OF DUGGAN HILL

DRIVE

DUE DATE & TIME: JUNE 20, 2022 BY 11:00 AM

SUBMITTED BY:

(Name of Company)

DELIVER TO: CITY OF CLAYTON, GEORGIA

CITY CLERK

837 HIGHWAY 76 W

CLAYTON, GA 30525

DATE & TIME RECEIVED:

(Time to be stamped by City)

City of Clayton Asphalt Paving of Duggan Hill Drive Project Page 2 May 20, 2022

TABLE OF CONTENTS

SECTION 1. INVITATION TO BID

1.1 Invitation to Bid

1.2 Schedule

1.3 Background and Project Scope of Work

1.4 Procurement Process

1.5 Delivery of Bids and Procurement Schedule

1.6 Point of Contact

SECTION 2. INSTRUCTIONS FOR BIDDERS

2.1 Deϐined Terms

2.2 Requests For Bids

2.3 Bid Submittal

2.4 Withdrawal of Bid

2.5 Opening of Bids

2.6 Evaluation of Bids

2.7 Project Security and Insurance

2.8 Inspection and Construction Materials Testing

2.9 Services Provided by the Contractor

2.10 Validity of Bids

2.11 Responsible and Responsive

2.12 Owner Not Responsible for Assumptions by Bidders

2.13 Rights and Reservations of the Owner

SECTION 3. BID

3.1 Bid Submission

3.2 Requirements for the Bid

3.3 Bid Format

AƩachment A – Minimum Technical Requirements

AƩachment B – Bid Forms 1 through 10

AƩachment C – Insurance Requirements

AƩachment D – Contract Documents

AƩachment E – ConstrucƟon Plans

City of Clayton Asphalt Paving of Duggan Hill Drive Project Page 3 May 20, 2022

Section 1. Invitation to Bid

1.1 InvitaƟon to Bid

1.1.1 The City of Clayton, Georgia (“Owner” and “City”) extends this InvitaƟon to Bid (“ITB”) to solicit a bid (“Bid”) from Bidders for ConstrucƟon Services (“Services”) for the Asphalt Paving of Duggan Hill Drive Project (“Project”).

1.2 Schedule

1.2.1 Bidder will substanƟally complete the Work within 60 calendar days aŌer the NoƟce to Proceed (NTP) as defined in the General CondiƟons. Bidder will complete the Work required for final payment in accordance with the General CondiƟons within 75 days aŌer the NTP.

1.3 Background and Project Scope of Work

1.3.1 Background

A. The asphalt paving on the northern end of Duggan Hill Drive is worn and needs a new overlay to renew it’s life and provide adequate service for the next cycle. Duggan Hill Drive is a residenƟal road, with a trailer/equipment storage facility near Rickman Drive. The City has no record of when this road was last paved, but cracking is becoming excessive and remediaƟon is necessary.

1.3.2 Project Scope of Work

A. The City desires to enter into a contract with a Contractor for asphalt overlay of the exisƟng pavement. The scope of work must be in compliance with AƩachment A - Minimum Technical Requirements.

1.3.3 Pre-Bid MeeƟng

A. There will be a mandatory pre-bid meeƟng, at City Hall on Thursday, June 2nd, 2022 at 1:30

pm. All Bidders who intend on preparing a bid should aƩend. If a Bidder is unable to aƩend at this date and Ɵme, contact City Clerk prior to the scheduled meeƟng to coordinate another date and Ɵme.

1.4 Procurement Process

1.4.1 The procurement and the provision of Services will be in accordance with the City’s Purchasing Policy, the Georgia Code Title 36, Chapter 91, ArƟcle 2 §36-91-20 and §36-91-21 and this ITB.

SelecƟon of the Contractor will be made using a one-step compeƟƟve sealed proposal procurement and selecƟon process that will award the project to the responsible and

City of Clayton Asphalt Paving of Duggan Hill Drive Project Page 4 May 20, 2022 responsive Bidder whose Bid is determined to be the most advantageous taking into consideraƟon the evaluaƟon factors set forth in the ITB.

1.4.2 The ITB can be downloaded from the City’s website: hƩps://cityofclaytonga.gov/bid-opportuniƟes/

1.4.3 This site will be updated periodically with Addenda, procurement and ITB informaƟon, quesƟons/responses, and other informaƟon relevant to the procurement of the Project.

Bidders are encouraged to rouƟnely monitor the site. Addenda will also be emailed to contractors who parƟcipate and sign-in at the Pre-bid meeƟng.

1.4.4 QuesƟons regarding this ITB and project are to be submiƩed by email to the City Contact.

ModificaƟons to the ITB can only be made by Addenda. Deadline for quesƟons is specified in SecƟon 1.5.2. Please address quesƟons to:

City Contact: Rhonda Lunsford, City Clerk (cityclerk@cityofclaytonga.gov)

1.4.5 Services required consist of construcƟon services (“Services”) as further described in the ITB and DraŌ Agreement (“Agreement”) included in the ITB.

1.4.6 The Owner intends to enter into the Agreement.

1.5 Delivery of Bids and Procurement Schedule

1.5.1 For the Bid to be accepted, deliver the Bid to the address shown below no later than 11:00 AM on June 20, 2022. Bids received aŌer this Ɵme will be rejected and returned unopened.

Address Bids to:

Rhonda Lunsford, City Clerk Clayton City Hall 837 Highway 76 W Clayton, GA 94517

1.5.2 Procurement Schedule

AcƟvity Date ITB Issuance May 20, 2022 Bid PreparaƟon Period May 20 to June 20 Pre-bid MeeƟng June 2, 2022 Deadline for QuesƟons June 3, 2022 Final Response to QuesƟons June 10, 2022 Submission of Bids June 20, 2022 Review and evaluaƟon of Bids June 20 – June 21 RecommendaƟon to Council June 21, 2022 Council Award June 21, 2022

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1.5.3 The Owner assumes no obligaƟons, responsibiliƟes and liabiliƟes, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parƟes considering a response to and/or responding to this ITB. All such costs shall be borne solely by each Bidder.

1.6 Point of Contact

1.6.1 To ensure fairness during the procurement process, unƟl the Agreement is executed, each of the Bidders and their employees, representaƟves and agents shall not contact any Owner’s staff, member of selecƟon commiƩee, City Council member, or any other official, employee, representaƟve or consultant (idenƟfied immediately below) of the Owner involved with this procurement process other than the Point of Contact, Rhonda Lunsford (City Clerk).

1.6.2 All communicaƟons are subject to distribuƟon to all of the Bidders except that Owner will endeavor to prevent disclosure to other Bidders’ informaƟon unique to a parƟcular Bidder or otherwise idenƟfied as proprietary or confidenƟal by a Bidder. The Owner will share with all Bidders all addenda to this ITB including any revisions based on its review of Bidder comment and quesƟons concerning this ITB. The Owner disclaims the accuracy of informaƟon derived from any source other than the Owner RepresentaƟve Contact idenƟfied above, and the use of any such informaƟon is at the sole risk of the Bidder. Only answers and responses issued by formal addenda shall be final and binding upon the Owner. Oral and other interpretaƟons shall be without legal effect and Bidder shall not rely on such oral and other interpretaƟons.

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Section 2. Instructions for Bidders

2.1 Defined Terms

2.1.1 Terms used in the InvitaƟon to Bid will have the meanings as defined below.

2.1.2 For purposes of this ITB and when used elsewhere in the Contract Documents, the following definiƟons shall apply:

A. Contractor means the Bidder selected for the Project and awarded the Agreement that will execute the Agreement.

B. Key Personnel means Project Manager, Superintendent, Safety Manager and Quality Control Manager as idenƟfied in the Bidder’s Bid.

C. Bid means the bid package submiƩed by a Bidder in accordance with the ITB.

D. Bidder means the corporate enƟty or firm that submits the Bid in response to this ITB and seeks to be awarded the Agreement with the Owner for the Project and if selected for the Project will execute the Agreement.

E. InvitaƟon to Bid (ITB) means this solicitaƟon document which requests Bids from interested Bidders in the form of a compeƟƟve sealed bids in accordance with Georgia Code Title 36 Chapter 91 ArƟcle 2 § 36-91-20 and § 36-91-21.

F. Services/Work means those services provided or work completed by the Contractor for construcƟon services described in this ITB and the Contract Documents which shall be in compliance with AƩachment A - Minimum Technical Requirements.

G. Subcontractor means an individual or enƟty having a direct contract with the prime Contractor or with any other Subcontractor for the performance of part of the Work.

2.2 Requests For Bids

2.2.1 Neither Owner nor Owner’s RepresentaƟves and Consultants assumes any responsibility for errors or misinterpretaƟons resulƟng from the use of an incomplete ITB.

2.2.2 Prior to the Bid submission deadline stated in this ITB, submit all quesƟons about the meaning or intent of the ITB, Addenda and the related supplemental informaƟon to the Point of Contact as indicated in the ITB. InterpretaƟons or clarificaƟons considered necessary by the Owner in response to such quesƟons will be issued by Addenda. Addenda will be transmiƩed by email and posted on the website.

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2.2.3 Owner will make copies of ITB available on the above terms only for the purpose of obtaining Bids to determine the Bidder that offers the most advantageous Bid for this Project and does not confer a license or grant permission or authorizaƟon for any other use. The ranking will be in accordance with the evaluaƟon criteria and weighƟng described in the ITB.

2.3 Bid SubmiƩal

2.3.1 Bidders are required to submit a Bid for consideraƟon for the award of the Agreement for the Services.

2.3.2 The Bid shall be completed and submiƩed in accordance with SecƟon 3 of the ITB.

2.3.3 Before submiƫng a Bid:

A. Examine and carefully study the ITB, including any Addenda and the related supplemental informaƟon idenƟfied in the ITB.

B. Become familiar and saƟsfied with all federal, state, and local laws and regulaƟons that may affect cost, progress, or the provisions of the Services.

C. Carefully study and correlate the informaƟon known to Bidder with the ITB, Addenda and the related supplemental informaƟon idenƟfied in the ITB.

D. Promptly give Point of Contact wriƩen noƟce of all conflicts, errors, ambiguiƟes, or discrepancies that Bidder discovers in the ITB, Addenda and the related supplemental informaƟon. Determine that the ITB, Addenda, and the related supplemental informaƟon are generally sufficient to indicate and convey understanding of all terms and condiƟons for compleƟon of the Services.

E. Pursuant to Georgia law, any trade secrets that are required by law, regulaƟon, bid, or request for proposal to be submiƩed to the City are exempt from disclosure under the Open Records Act. However, this exempƟon applies only in specific circumstances. If records containing trade secrets are submiƩed to the City, and the submiƫng company wants to protect the trade secrets contained in those records from disclosure, an affidavit must be aƩached to the records staƟng that specific informaƟon in the records is a trade secret.

Please note, a company cannot merely mark otherwise open records with “confidenƟal” or “proprietary” in order to protect such records from disclosure. The affidavit must be submiƩed with the records when they are first provided to the City, and the affidavit should affirmaƟvely declare that specific informaƟon in the records consƟtute trade secrets pursuant to ArƟcle 27 of Chapter 1 of Title 10 of the Georgia Code. The submiƩed affidavit should clearly idenƟfy the informaƟon and/or records that consƟtute trade secrets, and must provide the specific locaƟon of such trade secrets in the records submiƩed (i.e.

page(s), secƟon(s), etc.). If the City does not receive an affidavit idenƟfying specific informaƟon as trade secrets, the trade secret exempƟon will not apply. Upon receiving a

City of Clayton Asphalt Paving of Duggan Hill Drive Project Page 8 May 20, 2022 request for such records under the Open Records Act, the City will respond in accordance with O.C.G.A. 50-18-72(a)(34) and other applicable law.

2.4 Protest of Bids

2.4.1 Right to Protest: Any actual firm, who is aggrieved in connecƟon with the solicitaƟon or award of a contract, may protest to the Point of Contact. The protest shall be submiƩed in wriƟng within five (5) days aŌer such aggrieved person knows or should have known of the facts giving rise thereto. The protest must be accompanied by a detailed statement, indicaƟng the reasons for such protest.

2.4.2 The Point of Contact shall have authority to seƩle and resolve a protest of an aggrieved offeror concerning the solicitaƟon or award of a contract. If the protest is not resolved by mutual agreement, the Point of Contact shall issue a decision in wriƟng within ten (10) days. The decision shall state the reasons for the acƟon taken. This decision shall be final and conclusive, unless the firm appeals administraƟvely within five (5) days aŌer receipt of decision to the City of Clayton. Any protest taken to the City of Clayton or court shall be subject to the protestant paying all administraƟve costs, aƩorney fees, and court costs when it is determined that the protest is without standing.

2.5 Withdrawal of Bid

2.5.1 Bidders may withdraw a Bid by providing a wriƩen request, duly executed by an authorized representaƟve, and delivered to the Owner at any Ɵme prior to the Bid submiƩal deadline or within 24 hours aŌer Bids are opened. If withdrawal is aŌer Bids are opened, the wriƩen request shall demonstrate to the reasonable saƟsfacƟon of the Owner that there was a material and substanƟal mistake in the preparaƟon of its Bid. Individuals making the withdrawal will be required to provide evidence of serving as an authorized representaƟve of the Bidder. Any withdrawn bids will be removed from further consideraƟon.

2.6 Opening of Bids

2.6.1 Bids will be publicly opened at the Ɵme and place indicated in this ITB. Owner will publicly acknowledge receipt of Bids received in Ɵme to be considered. The names of Bidders submiƫng a Bid will be read aloud at this Ɵme and place. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders aŌer the opening of Bids.

2.7 EvaluaƟon of Bids

2.7.1 Owner reserves the right to reject any or all Bids, including without limitaƟon, nonconforming, nonresponsive, unbalanced, or condiƟonal Bids. Owner further reserves the right to reject the

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Bid of any Bidder whom it finds, aŌer reasonable inquiry and evaluaƟon, to not be responsible.

Owner also reserves the right to waive all informaliƟes not involving price, Ɵme, or changes in the Work and to negoƟate contract terms with the Successful Bidder.

2.7.2 More than one Bid for the same Work from an individual or enƟty under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualificaƟon of that Bidder and the rejecƟon of all Bids in which that Bidder has an interest.

2.7.3 In evaluaƟng Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and will consider alternate bids, allowances, unit prices and other data, as may be requested in the Bid Form or prior to the NoƟce of Award.

2.7.4 In evaluaƟng Bidders, Owner will consider the qualificaƟons of Bidders and may consider the qualificaƟons and experience of Subcontractors, Suppliers, and other individuals or enƟƟes proposed for those porƟons of the Work for which the idenƟty of Subcontractors, Suppliers, and other individuals or enƟƟes must be submiƩed as provided in the Supplementary CondiƟons.

2.7.5 Owner may conduct such invesƟgaƟons as Owner deems necessary to establish the responsibility, qualificaƟons, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or enƟƟes proposed for those porƟons of the Work in accordance with the Contract Documents.

2.7.6 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the City and the Project.

2.7.7 In determining the lowest responsible Bidder, Owner shall take into consideraƟon the past performance of Bidder on construcƟon contracts with parƟcular concern given to compleƟon Ɵmes, quality of work, cooperaƟon with other contractors, and cooperaƟon with owner.

2.7.8 In determining the responsive Bidder, Owner shall take into consideraƟon bidder’s compliance with the requirements of Georgia Code Title 50, Chapter 5, ArƟcle 3 §50-5-67.

2.7.9 Owner reserves the right to reject Bid if the evidence submiƩed by, or invesƟgaƟon of, such Bidder fails to saƟsfy Owner that such Bidder is properly qualified to carry out the obligaƟons of the Agreement and to complete the Work described therein.

2.7.10 Should the Owner adjudge that the apparent low Bidder is not the lowest responsible Bidder by virtue of the above informaƟon, said apparent low Bidder will be so noƟfied and his Bid security shall be returned.

2.7.11 If the Contract is to be awarded, the Owner reserves the right to award contracts to the lowest responsive, responsible bidder in the manner described above.

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2.8 Project Security and Insurance

2.8.1 Bid Bond

A. For projects that equal or exceed $100,000.00 on the bids, a bid bond is required. No bid that equals or exceeds the $100,000.00 amount will be considered or accepted unless accompanied by a Bid Guarantee in the form a cash deposit or cerƟfied check drawn on a bank authorized to do business in Georgia and licensed by the Federal Deposit Insurance CorporaƟon and is payable to the order of City of Clayton, represenƟng five percent (5%) of the total Bid. Said deposit to be retained by the Owner if the successful bidder fails to execute the contract within fiŌeen (15) days aŌer the award or gives saƟsfactory Surety as required by law.

2.8.2 Project Security and Insurance

B. The DraŌ Agreement sets forth Owner’s requirements as to performance and payment bonds and insurance and addiƟonal requirements are listed immediately below.

C. The penal sums of the performance and payment bonds delivered to the City must be in an amount equal to the total amount payable by the terms of the Agreement and shall be increased as the contract is increased.

D. The Contractor shall deliver the bonds along with the executed Agreement.

E. Bidders are advised that according to Georgia law, no public works construcƟon contract with a governing authority shall be valid for any purpose unless the Contractor shall comply with all bonding requirements of this chapter [Georgia Code Title 36 Chapter 91]. No such contract shall be valid if any governmental enƟty lets out any public works construcƟon contract subject to the requirements of this chapter without complying with the requirements of this chapter.

F. The insurance requirements for this Project can be found in the Insurance Exhibit located in AƩachment C – Insurance Requirements of the ITB

G. When the Selected Bidder delivers the executed Agreement to Owner, it must be accompanied by the required cerƟficates of insurance.

H. Proof of Bidder’s Ability to Meet Bonding and Insurance Requirements: Bidders shall submit with their Bid Package a leƩer from its surety and a leƩer insurance company or insurance agent aƩesƟng that the Bidder can meet the requirements for the performance and payment bonds and insurance requirements, respecƟvely.

2.9 InspecƟon and ConstrucƟon Materials TesƟng

2.9.1 The Contractor will be required to provide quality control services. Independent of those Contractor services the Owner may provide or contract for inspecƟon services, tesƟng of construcƟon material engineering and verificaƟon tesƟng services necessary for acceptance of

City of Clayton Asphalt Paving of Duggan Hill Drive Project Page 11 May 20, 2022 the Project. The Contractor will be required to provide management for coordinaƟon of these services.

2.10 Services Provided by the Contractor

2.10.1 The Services to be provided will consist of construcƟon services as more fully described in the SecƟon 00 52 13 “DraŌ Agreement” and in compliance with AƩachment A - Minimum Technical Requirements.

2.11 Validity of Bids

2.11.1 The Bid will remain in full force and effect for sixty (60) days aŌer the Bid submission date.

2.12 Responsible and Responsive

2.12.1 A responsible Bidder is a Bidder that has the capability in all respects to perform fully and reliably the contract requirements.” The terms “fully” and “reliably” authorize the City to consider two disƟnct categories of criteria: whether the Bidder has the ability to perform, and whether the Bidder is dependable to perform all as determined solely by the City.

2.12.2 A responsive Bidder submits a Bid that meets all the requirements of the ITB and conforms to the material terms and condiƟons of the ITB, all as determined solely by the City. Any deviaƟon from the requirements of the ITB may be considered non-responsive. However, the City can waive minor deviaƟons

2.12.3 The City will reject a Bid if it is materially incomplete, takes excessive excepƟons to material terms and/or condiƟons of the ITB or contains informaƟon that does not appear to demonstrate an ability to meet the ITB requirements, all as determined solely by the Owner.

The Owner will apply reasonable judgment, balance and discreƟon in deciding whether a Bids responsive.

2.13 Owner Not Responsible for AssumpƟons by Bidders

2.13.1 Each Bid shall present the assumpƟons that the Bidder has incorporated into its Bid. Neither the acceptance by the Owner of a Bid, nor the parƟcipaƟon of the Owner at any interview with the Bidder, nor the decision of the Owner to enter into the Agreement, shall in any way be interpreted as an agreement or approval by the Owner that the assumpƟons are reasonable or correct or that the Owner accepts any liability for the Bidder’s Bid. The Owner specifically disclaims responsibility or liability for any Bidder’s assumpƟons in developing its Bid.

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2.14 Rights and ReservaƟons of the Owner

2.14.1 In connecƟon with this procurement process, including Bids and their evaluaƟon, the Owner reserves to itself all rights (which rights shall be exercisable by the Owner at its sole discreƟon) available to it under applicable law, including without limitaƟon, the following with or without cause and with or without noƟce:

A. The right to cancel, withdraw, postpone or extend ITB in whole or in part at any Ɵme prior to the award of the Agreement without incurring any obligaƟons or liabiliƟes.

B. The right to issue a new ITB or to revise and modify, at any Ɵme prior to the Bid submiƩal date, informaƟon included in the ITB including but not limited to the dates set or projected and factors to be considered in evaluaƟng Bids and the responsibiliƟes of the Bidders.

C. The right to modify the procurement schedule.

D. The right to waive deficiencies, informaliƟes and irregulariƟes in a Bid and accept and review a non-conforming Bid.

E. The right to suspend and terminate the procurement process or to terminate evaluaƟons of Bids received at any Ɵme.

F. The right to correspondence with the Bidders to seek an improved understanding of Bids at any Ɵme.

G. The right to seek or obtain data and informaƟon from any source that has the potenƟal to improve the understanding and evaluaƟon of the Bids.

H. The right to appoint and change appointees of any selecƟon commiƩee.

I. The right to use assistance of outside technical and legal experts and consultants in the evaluaƟon process.

J. The right to respond to all, some or none of the inquiries, quesƟons and/or requests for clarificaƟon received relaƟve to this ITB.

K. The right to seek clarificaƟons from any Bidder to fully understand informaƟon provided in the Bid.

L. The right to request addiƟonal informaƟon from a Bidder during the evaluaƟon of Bids.

M. The right to reject a Bid containing excepƟons, addiƟons, qualificaƟons or condiƟons not called for in the ITB.

N. The right to conduct an independent invesƟgaƟon of any informaƟon, including prior experience idenƟfied in a Bid by contacƟng project references, accessing public informaƟon, contacƟng independent parƟes or any other means.

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Section 3. Bid

3.1 Bid Submission

3.1.1 Bidder shall provide an original Bid and three (3) printed copies of the Bid.

3.1.2 Bidder shall enclose the Bid and copies in an opaque sealed envelope with the label from the front of the ITB. If the package is being delivered by a third party, the bid envelope shall be placed inside an outer envelope for delivery purposes.

3.1.3 ITB Form 5 Cost Proposal is to be submiƩed in a separate opaque sealed envelope within the bid envelope and must be marked with the Project name, name and address of the Bidder and ITB Form 5 Cost Proposal.

3.1.4 The Bidder assumes full responsibility for ensuring that the Bid and copies arrive at the prescribed locaƟon before the prescribed Ɵme.

3.2 Requirements for the Bid

3.2.1 The Bid must include, as a minimum, the informaƟon described in this SecƟon. Failure to submit the required informaƟon in the Bid may result in the Owner considering the Bid as non-responsive and may result in rejecƟon of the Bid by the Owner.

3.2.2 All informaƟon shall be prepared on 8.5” x 11” white paper. Charts, schedules, exhibits and other illustraƟve and graphical informaƟon may be on 11” x 17” paper, but must be folded to 8.5” x 11”. All prinƟng must be a font of not less than 11-point and be single-sided. Audio visual materials including audio tapes, video tapes and CD Rom material will not be accepted.

3.2.3 Bidders are instructed to limit the informaƟon included in the Bid to the informaƟon necessary to demonstrate the technical, financial and other qualificaƟons and experience for the Project and any other informaƟon specifically requested in this ITB. Bids should be prepared in a straighƞorward and concise manner. The Owner is not interested in receiving markeƟng brochures, promoƟonal material, generic narraƟves, elaborate binding, colored displays, etc. in the Bids.

3.2.4 Bidders must provide the informaƟon requested below at a minimum. Failure to include the informaƟon completely and clearly may result in disqualificaƟon of Bid.

BID Form 1 - Bid TransmiƩal LeƩer

BID Form 2 - Similar Projects (ConstrucƟon)

City of Clayton ScoƩ Creek Aerial Sewer Repair Project Page 14 May 20, 2022

BID Form 3 - Bidder Safety QuesƟonnaire

Bid Form 4 - Key Personnel Availability

Bid Form 5 - Cost Proposal

Bid Form 6 - Direct Financial QuesƟons

Bid Form7 - DraŌ Agreement Comments

Bid Form 8 - Contractor Affidavit

Bid Form 9 - Non-Collusion Affidavit

3.3 Bid Format

3.3.1 Bid TransmiƩal LeƩer (Bid Form 1)

A. Bidder shall complete and include Bid Form 1 - Bid TransmiƩal LeƩer. In all blanks, type or print the required informaƟon and execute as indicated on the Bid TransmiƩal LeƩer.

B. Include the Proof of Bidders Ability to Meet Bonding and Insurance Requirements-LeƩers from surety and insurance company or insurance agent.

3.3.2 Experience with Similar Projects (Bid Form 2)

A. Bidders shall provide prior project experience for Similar Projects as indicated below. Similar Project shall be defined as asphalt pavement overlay. Similar projects shall also have a completed values of between $30,000 and $250,000 and been completed in the past 7 years. Project experience should also idenƟfy any proposed key staff that worked on the reference project and their roles.

B. Provide verifiable examples of no less than three (3) similar construcƟon projects by compleƟng Bid Form 2 for each Similar Project.

3.3.3 Bidder Safety QuesƟonnaire (Bid Form 3)

A. Provide a brief summary of Bidder’s Health and Safety Program. Provide a completed Bid Form 3 Bidder Safety QuesƟonnaire. Please note, Bidders with an EMR higher than 1.0 may be disqualified as a Bidder for the Project.

3.3.4 Key Personnel (Bid Form 4)

A. Describe the funcƟonal role and services that will be provided by the Bidder and any subcontractors. Describe the history of the prior working relaƟonships among Bidder and any subcontractors working on any past projects.

B. IdenƟfy key personnel that will be assigned to this Project.

City of Clayton ScoƩ Creek Aerial Sewer Repair Project Page 15 May 20, 2022

Key Personnel include the Project Manager, and Project Superintendent. The Project Superintendent must be dedicated to this Project full-Ɵme for the duraƟon of the Project.

C. Bidder shall complete and submit Bid Form 4 -Key Personnel Availability.

3.3.5 Cost Proposal (Bid Form 5)

A. Bidder shall complete and include Bid Form 5 - Cost Proposal.

3.3.6 Direct Financial QuesƟons (Bid Form 6)

A. The purpose of this secƟon is to elicit informaƟon pertaining to unfavorable circumstances or events that have the potenƟal to adversely impact the Bidder’s ability to honor its contractual commitments fully and reliably in the provision of the Services. To the extent that any of these quesƟons are answered in a manner that indicates that any of these unfavorable circumstances or events have occurred, it is the responsibility of the Bidder to describe the unfavorable circumstance or event and provide sufficient informaƟon to demonstrate that the unfavorable circumstance or event will not adversely impact the Bidder’s ability to honor its contractual commitments fully and reliably in the provision of the Services. Responses to these quesƟons are for Bidder and any predecessor name(s) of Bidder. Bidder shall complete and include Bid Form 6 – Direct Financial QuesƟons.

3.3.7 DraŌ Agreement Comments (Bid Form 7)

A. During the Bid PreparaƟon Period, Bidders are encouraged to provide wriƩen comments on the DraŌ Agreement (SecƟon 00 52 13). Based on its assessment of all Bidders’ comments, the Owner, in its sole discreƟon, may make modificaƟons to the DraŌ Agreement and issue addenda to the ITB containing such modificaƟons.

B. Each Bidder will be afforded a final opportunity to comment on the DraŌ Agreement by indicaƟng its comments and/or suggested changes in the Bid.

C. The Bid must include in its Bid a completed Bid Form 7.

D. The Owner is not obligated to accept any of the comments or requested changes submiƩed by the Bidder when negoƟaƟng and finalizing the Agreement. Furthermore, the Owner may request addiƟonal revisions during negoƟaƟons and before finalizing the Agreement.

E. The Owner expects that this review and comment process will substanƟally reduce the need for extensive post-selecƟon negoƟaƟon as negoƟaƟons will be limited to the DraŌ Agreement comments submiƩed.

3.3.8 Contractor Affidavit (Bid Form 8)

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A. The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contracts (contracts with a government agency) for the physical performance of services over $2,499.99 in value to enroll in E-Verify, regardless of the number of employees. A contractor or sub-contractor may be exempt from this requirement if the contractor or sub-contractor has no employees and does not hire nor intend to hire employees for the purpose of compleƟng any part of the public contract.

B. For a public contract, contractors must sign the Contractor E-Verify Affidavit, all subcontractors must sign the Subcontractor E-Verify Affidavit and all Sub-subcontractors must sign the Sub-Subcontractor Affidavit. The government agency is required to ensure that the Contractor E-Verify Affidavit is part of the contract; however, the contractor is responsible for all subcontractor affidavits and the subcontractors are responsible for the sub-subcontractors affidavits.

C. Bidder shall complete and include Bid Form 8 - Contractor Affidavit.

3.3.9 Non-Collusion Affidavit (Bid Form 9)

A. Bidder shall complete and include Bid Form 9 Non-Collusion Affidavit.

City of Clayton ScoƩ Creek Aerial Sewer Repair Project Page 17 May 20, 2022

AƩachment A

Minimum Technical Requirements

The successful Bidder shall agree to construct asphalt paving, striping, and associated work on Duggan Hill Drive, and shall include all labor, materials and incidentals necessary to construct the project. This project includes GDOT LMIG funding. The latest GDOT Standard SpecificaƟons for Road and Bridge ConstrucƟon of the Georgia Department of TransportaƟon as amended herein, shall govern the construcƟon of this project.

The project is for variable depth milling of approximately 1,750 liner feet of Duggan Hill Drive beginning at Rickman Street and proceeding south. Areas with extreme pavement distress or failure will be replaced with deep patching, these areas will be idenƟfied and marked at the pre-construcƟon meeƟng.

A leveling course of minimum ½-inch shall be installed to establish a normal cross slope (3/16 inch per foot minimum to ½ inch per foot maximum). Tack coat shall be placed prior to leveling course and final riding surface at a rate of 0.07 gallons per square yard. Final riding surface shall be recycled asphalt concrete 9.5mm superpave, group 1 or 2, including bituminous material and hydrated lime to be placed at the rate of 135 pounds per square yard.

The City will place warning signs to alert motorists of construcƟon acƟvity prior to and during the construcƟon. The Contractor shall provide and place any barrels, cones or other devices to route traffic as necessary. Contractor shall also have designated cerƟfied flagging personnel acƟvely direcƟng traffic at all Ɵmes construcƟon equipment is blocking any porƟon of the road.

Contractor must provide a 24-hour clean-up service when the project is completed.

All drainage structures within the limits of the project shall be maintained throughout the duraƟon of the project. Any debris that goes in drainage structures as a result of milling or resurfacing shall be cleaned out at no addiƟonal cost to the City.

The City will locate and idenƟfy all water valves and manholes and raise those that are jusƟfied as needed.

An inspecƟon and acceptance will be completed by the City of Clayton Public Works Department.

AƩachment B

Bid Forms

Bid Form 1 - Bid TransmiƩal LeƩer

Bid Form 2 - Similar Projects (ConstrucƟon)

Bid Form 3 - Bidder Safety QuesƟonnaire

Bid Form 4 - Key Personnel Availability

Bid Form 5 - Cost Proposal

Bid Form 6 - Direct Financial QuesƟons

Bid Form 7 - DraŌ Agreement Comments

Bid Form 8 - Contractor Affidavit

Bid Form 9 - Non-Collusion Affidavit

Bid Form 1

Bid TransmiƩal LeƩer (To be on Bidder LeƩerhead)

Rhonda Lunsford, City Clerk Clayton City Hall 837 Highway 76 W Clayton, GA 94517

(“Bidder) hereby submits its Bid for the Asphalt Paving of Duggan Hill Drive Project(“Project”).

Bidder accepts all of the requirements, terms, and condiƟons of the Bid, including without limitaƟon those dealing with the Bid Bond, required performance and payment bonds and insurance. The Bid will remain subject to acceptance for sixty (60) days aŌer the opening of Bids.

In submiƫng this Bid, Bidder cerƟfies, represents and warrants, that:

A. The submiƩal of the Bid has been duly authorized by, and in all respects binding upon, the Bidder.

a. The Bidder is licensed as a general contractor in the State of Georgia.

Bidder’s License InformaƟon Name on License License Number

B. The undersigned declares that it is the Bidder or by holding the posiƟon below indicated is authorized to execute this Bidder TransmiƩal LeƩer on behalf of the Bidder and that all representaƟons made on this form are true and accurate.

C. Bidder has examined, carefully studied and understands and agrees to be bound by the requirements of the Bid, the other related informaƟon idenƟfied in the Bid, and the following Addenda, receipt of all of which is hereby acknowledged:

Addendum No. Addendum Date Signature Acknowledging Receipt

D. The Bidder has visited the Site and become familiar with and is saƟsfied as to the general, local, and Site condiƟons that may affect cost, progress, and performance of the Work.

E. The Bidder agrees that no further examinaƟons, invesƟgaƟons, exploraƟons, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and condiƟons of the Contract Documents based on the informaƟon and observaƟons referred to in the preceding paragraphs.

F. All informaƟon and statements contained in the Bid, are current, correct and complete and are made with full knowledge that the Owner will rely on such informaƟon and statements in evaluaƟng the Bid.

G. The submission of this Bid will consƟtute an incontroverƟble representaƟon by Bidder that Bidder has complied with every requirement of the Bid and Addenda without excepƟon.

H. Bidder acknowledges that it is aware and understands the requirements of Georgia Code Title 36, Chapter 91, §36-91-21 (d) and (e) and Bidder is solely responsible for complying with such requirements.

I. Bidder is familiar with and is saƟsfied as to all federal, state and local Laws and regulaƟons that may affect furnishing the Services.

J. Bidder has given Point of Contact wriƩen noƟce of all conflicts, errors, ambiguiƟes, or discrepancies that Bidder has discovered in the Bid and the wriƩen resoluƟon thereof by the Owner is acceptable to Bidder.

K. The Bid is generally sufficient to indicate and convey an understanding of the terms and condiƟons for the performance of the Services for which this Bid is submiƩed.

L. Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or enƟty and is not submiƩed in conformity with any agreement or rules of any group, associaƟon, organizaƟon or corporaƟon; Bidder has not directly or indirectly prevented or endeavored to prevent anyone from making a Bid for this Project therefor by any means whatever, nor caused or induced another to withdraw a Bid for this Project and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the Owner.

M. Bidder will complete the Work required to be substanƟally completed within 60 calendar days aŌer the date when the Contract Times commence to run as provided in the General CondiƟons. Bidder will complete the Work required for final payment in accordance with the General CondiƟons within 75 days aŌer the date when the Contract Times commence to run.

The following documents are aƩached to and made a condiƟon of this Bid:

A. Bid

1. Bid Form 1 Bid TransmiƩal LeƩer

a. Proof of Bidder Ability to Meet Bonding and Insurance Requirements: LeƩers from surety and insurance company or insurance agent

2. Bidder Experience with Similar Projects (Bid Form 2)

3. Bidder Safety QuesƟonnaire (Bid Form 3)

4. Key Personnel Availability (Bid Form 4)

5. Cost Proposal (Bid Form 5)

6. Direct Financial QuesƟons (Bid Form 6)

7. DraŌ Agreement Comments (Bid Form 7)

8. Contractor Affidavit (Bid Form 8)

9. Non-Collusion Affidavit (Bid Form 9)

The contact person who will serve as the interface between the Owner and the Bidder for all communicaƟons during the procurement period is:

Name:

Title:

Address:

Telephone:

Email:

The terms used in this leƩer have the meanings indicated in the Bid. The significance of terms with iniƟal capital leƩers is described in the Bid.

Bidder agrees that venue shall lie exclusively in Rabun County, Georgia for any legal acƟon.

This Bid is submiƩed by:

Name of Bidder and idenƟficaƟon of Bidder (Individual; CorporaƟon; Partnership; Joint Venture; other-specify):

If a Joint Venture, the Bid TransmiƩal Form must be signed by authorized representaƟves of all members of the Joint Venture.

For a corporaƟon indicate the state of incorporaƟon with the corporate address. For a limited liability company indicate the state in which company was formed with the company address.

(typed or printed)

By:

Title:

Bidder shall have this form notarized by a duly authorized notary public.

(Individual’s Signature)

Doing business as:

Business address:

Phone: E-mail:

BID FORM 2

SIMILAR PROJECTS (CONSTRUCTION)

AƩach addiƟonal sheets as necessary.

Name and locaƟon of project

Project owner

General descripƟon of project and scope of work.

Bid amount and final contract amount. If there is a difference please explain the reasons for such difference.

Bid substanƟal and final compleƟon dates and final substanƟal and final compleƟon dates. If there is a difference, please explain the reasons for such difference.

Change order history on project.

Indicate the involvement (roles and responsibiliƟes) of any of the Key Personnel proposed for this Project.

Indicate the involvement of any Key Personnel proposed for this Project.

Describe any aspects of the project and acƟons taken by the Bidder that demonstrates why the Bidder could provide the best value to the Owner and/or that would differenƟate the Bidder from the other Bidders.

Provide an owner reference for the project- name, Ɵtle, email address and telephone number.

BID FORM 3

BIDDER SAFETY QUESTIONNAIRE

Bidder Safety QuesƟonnaire Bidder Name Health and Safety Please use your OSHA No. 200/300 logs to record the number of injuries and illnesses for the last three (3) years.

Year (state the applicable years, use most recent)

2018 or 2019 2019or 2020 2020 or 2021

Number of FataliƟes Lost Work Day Cases Incident Rate -1 OSHA Recordable Incident Rate -2 Number of Hours Worked Total Number of Employees on Your Payroll Owner requires CMAR provide the above accident staƟsƟcs, even though certain companies may not be statutorily required to keep OSHA 200/300 logs.

-1 The following formula is used for calculaƟng the Lost Work Day Incident Rate:

= (Number of Lost Work Day Cases x 200,000) divided by Number of Hours Worked

-2 The following formula is used for calculaƟng the OSHA Recordable Incident Rate:

= (Number of Recordable Cases X 200,000) divided by Number of Hours Worked

List your Worker’s CompensaƟon (WC) Experience ModificaƟon Rate (EMR) for the three (3) most recent years:

Year ( state the applicable years) Interstate Intrastate 2017 or 2018 2018 or 2019 2019 or 2020 Is a leƩer from your WC insurance carrier cerƟfying the above EMRs aƩached? Yes No If your WC carrier has not issued an EMR because you have not accrued enough WC costs, is a copy of your WC Loss Run (available from your WC carrier) aƩached?

Yes No

If the current EMR is greater than 1.0, is a comprehensive wriƩen explanaƟon of the safety methods and procedures that are being implemented to reduce this rate aƩached?

Yes No

Has Bidder received an OSHA (or State OSHA) citaƟon within the last five (5) years? Yes No

If answered yes to immediately above quesƟon, is there a copy of the citaƟon(s) Yes No Was the citaƟon(s) contested/vacated? Yes No If answered yes to immediately above quesƟon, please describe What specific correcƟve acƟons were taken to prevent further injuries/ penalƟes?

Does Bidder have a wriƩen occupaƟonal safety and health program? Yes No Does Bidder conduct field safety inspecƟons to determine compliance with applicable regulaƟons and procedures?

Yes No

Who conducts these inspecƟons (provide posiƟon/Ɵtle)?

How oŌen are safety inspecƟons conducted?

Does Bidder have an orientaƟon program for new hires? Yes No

Has Bidder implemented any of the following training programs?

If yes, please provide the last date this training was provided or place a “N/A” if the training is not applicable

Yes No Date Training Program Yes No Date Training program Asbestos Hazardous Waste (40 Hour) BlasƟng/Explosives Hearing ConservaƟon Blood Borne Pathogens Heavy Equipment OperaƟon Confined Space Entry Laboratory Safety ConstrucƟon (OSHA CerƟfied 10 hours)

Ladder/Scaffolding

ConstrucƟon (OSHA CerƟfied 30 hours)

Lead

Cranes OperaƟons Lockout/Tag Out Electrical Safety Personal ProtecƟve Equipment ExcavaƟon Competent Person Power-actuated Tools Fall ProtecƟon Process Safety Management Fire ExƟnguishers RadiaƟon ProtecƟon First Aid/CPR Respiratory ProtecƟon ForkliŌ OperaƟons Welding/Cuƫng

Who conducts training (Name and Title) Does Bidder have a program in place to discipline workers that perform unsafe work pracƟces?

Yes No

Does Bidder have wriƩen Accident InvesƟgaƟon Procedures? Yes No Does Bidder currently maintain a program in compliance with applicable State “Right to Know” laws and the OSHA Hazard CommunicaƟon Standard?

Yes No

Does Bidder hold “tailgate/toolbox safety meeƟngs? Yes No If you answered yes, how oŌen are such meeƟngs held?

Does Bidder have a wriƩen Alcohol and Substance Abuse Program? Yes No If you answered yes to the immediately above quesƟon, does it include?

10-panel substance tesƟng? Yes No Pre-employment/pre-job assignment tesƟng within 30 days of employment or pre-job assignment?

Yes No

Post-accident drug and alcohol tesƟng? Yes No Random tesƟng (10 percent per month)? Yes No Reasonable suspicion drug and alcohol tesƟng? Yes No

The undersigned warrants and represents that he/she is authorized to sign this document and that the data and informaƟon provided on this document is accurate in all respects.

Bidder

Name and Title Date

BID FORM 4

KEY PERSONNEL AVAILABILITY

InformaƟon Requested Key Personnel

Project Manager Project Superintendent

Name of acƟve project(s) currently working on.

Percent of Ɵme used for this assignment(s).

EsƟmated compleƟon date of this assignment(s).

Date will be available to work on this Project.

Percentage of Ɵme to be spent on this Project.

BID FORM 5

COST PROPOSAL

The undersigned Bidder proposes to furnish all services, materials and equipment required to perform the ConstrucƟon Services (the “Services”) in accordance with the Bid, DraŌ Contract Documents included in Appendix B of the Bid.

The undersigned declares that it is the Bidder or by holding the posiƟon below indicated is authorized to execute this Cost Proposal on behalf of the Bidder and that all representaƟons made on this Cost Proposal are true and correct.

The undersigned acknowledges that the Cost Proposal is based on the DraŌ Contract Documents included in Appendix B of the Bid and as amended by any Addenda during the procurement period.

Cost Proposal

Bidder shall complete, by filling in the blanks and execute this Form and include it in its Bid Proposal.

Item No. Item DescripƟon Uni t EsƟmated QuanƟty Unit Price Extended Amount

Lump Sum for InstallaƟon of Asphalt Paving

LS 1 $ $

Total Bid Price $

The Total Bid Price for the items listed above for construcƟon complete as indicated by the Contract Documents (in words and numerals) is:

______________________________________________________________________________(Dollars) and __________________________________(Cents) [$______________________________________].

Bidder

Name and Title Date

BID FORM 6

DIRECT FINANCIAL QUESTIONS

Bidder shall complete the form below by incorporaƟng each quesƟon’s response into the space provide in the Response rows. AƩach addiƟonal pages as necessary.

Material Adverse Changes in Financial PosiƟon. Within the last three years, describe any material, historical, exisƟng or anƟcipated changes in financial posiƟon of the Bidder including any material changes in the mode of conducƟng business, mergers, acquisiƟons, takeovers, joint ventures or divesƟtures.

Response:

Bankruptcy. Has Bidder ever declared bankruptcy or filed for protecƟon from creditors under state or federal proceedings? If so, when and describe the impact, it would have on the ability to undertake this Project.

Response:

LiabiliƟes and/or PotenƟal LiabiliƟes. List and briefly describe any pending or past legal proceedings within last three years and judgments or any conƟngent liabiliƟes in which the Bidder or any parents, affiliates and subsidiaries of the Bidder was or is a party that could adversely affect the Bidder’s financial posiƟon or ability to undertake this Project.

Response:

CompleƟon of Contracts. Within the last three years has the Bidder failed to complete any contract or has any contract been terminated due to alleged poor performance, default or liƟgaƟon? If so, described the circumstance.

Response:

ViolaƟon of Laws. Has the Bidder been convicted of any criminal conduct or been found in violaƟon of any federal, state, or local statute, regulaƟon or court order concerning anƟtrust, public contracƟng, employment discriminaƟon or prevailing wages? If so, describe the circumstances.

Response:

Debarred from Bidding. Has the Bidder been debarred or are under consideraƟon for debarment on public contracts by the federal government or by any governmental enƟty in Georgia or any other state? If so, describe the circumstances. Is the decision under review or was it upheld by formal legal and/or grievance process?

Response:

LiƟgaƟon. Has Bidder been involved in liƟgaƟon involving owners for construcƟon projects that have been filed within last three years or that are currently outstanding? If so, described the circumstance (if Bidder can discuss at this Ɵme).

Response:

BID FORM 7

DRAFT AGREEMENT COMMENTS

Bidder Name: _________________

DraŌ Agreement or General CondiƟons SecƟon LocaƟon

Comment Topic Suggested Change

BID FORM 8

CONTRACTOR AFFIDAVIT

Contractor Affidavit under O.C.G.A. § 13-10-91 (b)(1)

By execuƟng this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, staƟng affirmaƟvely that the individual, firm or corporaƟon which is engaged in the physical performance of services on behalf of City of Clayton Government has registered with, is authorized to use and uses the federal work authorizaƟon program commonly known as E-Verify, or any…